Texas Construction Accident Lawyers
The Construction industry ranks among the most hazardous industries in Texas. According to the National Institute for Occupational Safety and Health (NIOSH), construction work accidents account for over 20% of all occupational fatalities (wrongful deaths), despite employing only around 8% of the US workforce.
Accidents on construction work sites have the potential to inflict severe and even fatal personal injuries, leading to profound devastation for the victims and their families. If you experience a serious personal injury on a construction site, you may face the overwhelming financial burden of medical expenses, rehabilitation, loss of income, apart from enduring prolonged pain and suffering, disability, and emotional distress.
Construction Accident Attorney Near Me
If you or a loved one has suffered injuries in a construction site accident in Texas, don't face the legal complexities alone. Contact the top-rated Texas construction accident attorneys at Miller Weisbrod Olesky today. We are here to provide you with the legal support and aggressive advocacy you need to obtain maximum compensation from all the liable parties. Don't delay, take action now and schedule a free consultation to protect your rights and secure your future.
Construction Accident Verdict:
A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Types of Construction Accidents in Texas
Falls from Heights
Falls represent the leading cause of wrongful death and personal injuries among construction workers in Texas. Various unsafe conditions can contribute to construction site falls, including:
- Lack of proper fall protection equipment like lanyards, harnesses, and tie-off points
- Dangerous scaffolding construction, including old and worn-out components or lack of bracing
- Lack of proper guardrails including the failure to replace guard rails removed by others
- Unprotected or unmarked ledges, wall openings, and floor holes
- Defective ladders posing risks to workers' safety
- Slip or trip and fall injuries caused by debris
- Roof work during inclement weather conditions
- Unguarded elevator shafts and other floor openings
- Unmarked holes, trenches, and excavation sites
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About Harness Protection
Building Collapse
The unexpected collapse of buildings, whether under construction, finished, in use, or slated for demolition, can have catastrophic and often fatal consequences. A building collapse can be total or partial, encompassing incidents such as floor or ceiling collapses and staircases giving way, resulting in falls.
In one representative case, the construction accident attorneys at Miller Weisbrod Olesky represented two workers that were seriously injured while renovating a church in Texas. The general contractor failed to properly inspect the rotting roof materials and provide adequate shoring so workers below would be protected. A section of the roof collapsed on to our two construction workers and their scaffolding sending them almost two stories down to the floor. Both suffered serious orthopedic injuries. After a lawsuit was filed and our construction accident attorneys took numerous depositions, a multi-million dollar settlement was reached.
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About Structure Collapses
Crane Accidents
The use of cranes, given their substantial weight and the lifting of heavy loads and workers, entails significant risks on a construction site. Some hazards associated with crane construction accidents include:
- Falls resulting from unstable or improperly attached baskets, unstable crane operation, or inadequate safety harnessing.
- Dropped loads, which can lead to disastrous outcomes due to the weight involved.
- Boom collapses, endangering construction workers in the path of the collapsing crane arm.
- Rigging failures, where improper loading or attachment of rigging to the crane boom can cause a dropped load.
- Crane contact with power lines, posing the risk of electrocution for the crane operator and nearby workers.
When a piece of worn-out rigging equipment was ignored for weeks, a load was dropped expectantly on construction workers below. One of the workers was killed by the impact. The employer provided workers compensation, so the wrongful death case was limited to gross negligence claims by the worker’s children. After hiring crane and safety experts, conducting depositions of the employer’s crane operator and supervisors, we were able to secure a punitive damage settlement of $1,575,000 while still preserving workers’ compensation weekly checks for the children worth hundreds of thousands of dollars.
Demolition Accidents
During demolition projects in Texas, construction workers face serious injuries and fatalities each year. Pedestrians are also at risk due to falling objects and hazards like asbestos and other toxins, which may be present when controlled explosives are employed.
OSHA, the Occupational Safety and Health Administration, provides a wide range of safety regulations for construction sites. Demolition operations have specific requirements that demand an “engineering survey” be performed before demolition work is started (Part 1926, Subpart T of the OSHA regulations). We have represented numerous construction workers that have been injured and family members of demolition workers wrongfully killed when a demolition engineering survey is not performed leading to an unexpected collapse of a wall or other structural component of the building or house being demolished.
Electrocution Accidents
Electric shocks can result in severe injuries, including burns, heart damage, and even fatality. Although these accidents can happen to anyone, individuals working in the construction industry in Texas face a heightened risk of electrical injuries due to their frequent exposure to power lines and exposed wires. In fact, according to the Occupational Safety & Health Administration (OSHA), electrocution is one of the leading causes of death on construction sites.
Many construction and work accidents occur when employers, electrical contractors and even general contractors fail to turn off (“de-energize”) electrical lines while they are being worked on or serviced. OSHA requires a practice of “lock out, tag out” to be carried out when work is being performed on electrical wires and equipment to prevent electrocution which can cause wrongful death or severe electrical shock which can lead to catastrophic personal injuries. When a lock-out, tag-out is not performed or required by a contractor or employer, our construction accident lawyers can likely win compensation for the injured worker or the family of a worked killed by electrocution.
Other electrical construction accidents occur when a general contractor or employer fails to protect construction workers from electrical shock of power lines that surround a construction site. As the work is carried out power lines that once were safely removed from buildings and equipment may become dangerously close. Construction safety practices require that these lines be protected or de-energized while certain work is being done near them including work with cranes, on scaffolding, using concrete mops or lifts such as forklifts, boom lifts or even concrete pump trucks.
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Electrocution and Burn Injuries
Excavation and Trench Collapse Accidents
Excavation work plays a vital role in Texas construction projects, serving as the foundation for various structures such as homes, buildings, roads, and reservoirs. With that said, it also exposes workers to significant hazards. In fact, according to OSHA, excavation and trenching work have a higher fatality rate compared to general construction work.
NIOSH regulations require a competent person to evaluate all trench work on a construction site and provide for protections against trench collapse (CFR 1926, Subpart P of the OSHA regulations) These protections include a shoring plan. When an employer fails to provide proper shoring and a trench collapse occurs, our construction accident attorneys can investigate the possible sources of compensation for any personal injury or wrongful death caused by the trench construction accident.
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About Trench Accidents
Fires and Explosions
Fires and explosions at construction sites can cause extensive damage and result in severe injuries for both construction workers and pedestrians. Such incidents may lead to burns, disfigurement, broken bones, and various other injuries due to flames, extreme temperatures, and falling debris.
Forklift Accidents
Forklifts, also known as powered industrial trucks, are commonly used in construction sites for lifting and moving heavy objects, particularly when handling pallets and loading or unloading tractor trailers. The Occupational Safety and Health Administration identifies several primary causes of forklift accidents:
- Accidental driving off a loading dock
- Falling between a loading dock and an adjacent, unsecured trailer
- Striking or running over an individual
- Falls from materials being lifted or from the forks themselves
- Failing to train or certify operators in how to safely operate the equipment
- Improper use of forklifts to raise a work box with workers inside leading to a collapse
Heavy Construction Equipment Accidents
Construction workers in Texas often rely on heavy machinery and equipment to carry out their tasks. Due to the immense weight and power of these machines, even minor accidents can have devastating consequences. Examples of heavy machinery and equipment that can cause serious injuries include backhoes, bulldozers, cement mixers, cranes, dump trucks, excavators, forklifts, garbage trucks, paving machines, pile drivers, and road graders.
Construction Accident:
When our clients arrived on a work site to dispose of material, a Front-End Bucket Loader was provided by the property owner to unload the debris. The Front-End Loader operator was on his first day on the job and had never operated this particular brand of heavy machinery. When he went to back up, he accidentally put the loader into forward crushing our client’s legs, causing severe fractures. The accident was caught on video. The $3M was total policy limits of insurance maybe make that clear in last slide showing the settlement.
Other heavy equipment common in construction accidents are concrete pumps. These large trucks have crane-like booms that can deliver concrete to various locations on the site to pour pads, parking lots or floors. If the pump operator does not monitor the boom, it can contact powerlines in the area. If the pump is not set up with support, the outriggers can punch through causing a serious construction accident and personal injury.
Construction Accident:
Our client was severely injured when a Concrete Pump Truck tipped over crushing his foot. The concrete pump truck overturned because the operator failed to place the vehicle support booms on a secure surface.
Scaffolding Accidents
On any construction project more than one story, the use of scaffolding is commonplace. These working platforms are governed by strict OSHA Safety Requirements (CFR 1926, Subpart L.
Scaffolding accidents on a construction site are commonly caused by improper construction of the scaffolding, old and worn scaffolding components like worn feet, bent bracing or broken walks boards and unstable scaffolding leading to collapse due to lake of stabilization equipment or tie-offs. OSHA requires that a “competent person” not only supervise the construction of the scaffolding but inspects the scaffolding on a daily basis to make sure it is safe to use.
Falls or other construction accidents involving scaffolds can lead to personal injuries such as traumatic brain injuries, spinal cord injuries, internal organ injuries, herniated discs, fractures of the arms, legs and other bod, or even wrongful death.
Scaffolding Accident:
Our client was working for a town in Texas, when the General Contractor and Masonry Subcontractor required him to use a corroding and unsafe scaffold to complete a job. The weakened scaffold was unable to support our client; causing him to lose balance and fall 15 feet to the ground leaving him a paraplegic. Miller Weisbrod Olesky's Construction Accident Lawyers got our client $5,000,000.
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Scaffolding Accidents
Construction Accidents Involving Bystanders
Construction accident injuries in Texas are not limited to workers alone. There are instances when individuals such as delivery drivers or inspectors need to visit construction sites, while pedestrians and drivers may have to pass by or through construction zones. Unfortunately, these individuals can also become victims of accidents, facing risks such as vehicle-related incidents, falling objects, and other hazards.
At Miller Weisbrod Olesky, we are dedicated to advocating for injured construction workers and their families. Our Texas construction accident lawyers will thoroughly investigate the circumstances surrounding your injuries, determine the responsible parties, and ensure they are held accountable for the damage you suffered. The insurance companies know Miller Weisbrod Olesky’s construction accident attorneys prepare each case for a successful trial outcome, which increases the odds for maximum compensation for your personal injury or the wrongful death of your loved one.
High Rate of Wrongful Deaths in the Texas Construction Industry
Construction accidents in Texas can have tragic consequences, including loss of life. According to the Texas Department of Insurance (TDI) report, the construction industry had the highest number of fatalities in 2020 among all industries in both the public and private sectors. With 127 fatal incidents, construction accidents accounted for 27% of all workplace wrongful deaths in Texas that year.
Under Texas Civil Practice and Remedies Code Chapter 71, surviving family members of a deceased in a wrongful death lawsuit can seek damages caused by negligence, carelessness, or other wrongful acts. Spouses, children, and parents of the deceased can file a wrongful death lawsuit, and the personal representative of the deceased worker can seek compensation on behalf of the estate and its beneficiaries. These wrongful death lawsuits can be brought against all responsible parties including the employer, general contractor, other contractors who were negligent, architects/engineers, safety professionals and product manufacturers.
In some cases, the worker that died is covered by his employers’ workers compensation insurance. This provides benefits to spouses and children (and even sometimes parents). When an employer has workers compensation, they may still be sued under some circumstances for gross negligence which provides benefits to the family in addition to and without losing workers’ compensation benefits. Our experienced wrongful death construction accident lawyers can advise you if your loved one was covered by workers’ compensation insurance.
If you have lost a loved one due to a construction accident injury, our team of Texas construction accident attorneys is ready to assist you in pursuing a wrongful death case against all responsible parties. There is no fee for the consultation, and you will never owe any attorneys’ fees until and unless we make successful money settlement for compensation to your family.
Who can be Sued in a Construction Accident Lawsuit in Texas?
General Contractor and other Contractors
Depending on the structure of the construction project, the liability may lie with a single construction company responsible for all aspects of the work, simplifying the determination of the responsible party.
In other cases, multiple construction companies or contractors may share responsibility. A general contractor typically oversees the project and hires subcontractors for different aspects of the site. Subcontractors bring their own equipment to the job, introducing potential liability. If a subcontractor acts negligently or creates a dangerous condition that causes a personal injury or wrongful death, they can be held liable. The general contractor can also be held responsible if they fail to oversee the job safely or ignore safety violations of a contractor, including the injured or deceased workers employer.
Employer of the Injured or Deceased Worker
Whether an employer can be sued when one of its workers is injured depends upon whether they carry workers compensation insurance or not. If the employer does not carry workers compensation, they may be sued directly without limitation – they even give up some defenses when they are a “non-subscriber” to workers’ compensation including they may not blame the injured or wrongfully killed employee.
If the employer does have workers’ compensation, they can’t be sued for negligence in the injury or death of an employee. But the spouse, children and sometimes the parents may collect lost wage benefits for a period of time without showing the employer was at fault. This does not affect or limit the rights of the injured worker or a surviving family in a wrongful death case from suing people or companies other than the employer.
Whether or not an employer’s insurance is truly workers’ compensation or not can be tricky and will affect the rights of an injured construction worker or the family of a worker in a wrongful death lawsuit. You should always consult with the Texas construction accident lawyers at Miller Weisbrod Olesky to determine all possible avenues for your compensation.
Construction Site Engineers and Architects
If an engineer or architect develops a faulty plan for the construction site, and following that plan leads to an accident, the individuals responsible for creating the plan may be held liable for resulting injuries.
Equipment Manufacturers
If you sustain an injury at the construction site due to malfunctioning power tools, heavy equipment, or machinery with manufacturing defects or significant design flaws, you may be able to hold the equipment manufacturer or the company responsible for equipment maintenance liable for damages.
Our clients’ husband and father were working on a construction site spreading concrete that was being pumped into the area by a machine called a concrete pump. Suddenly the boom of the pump collapsed causing the wrongful death of our client’s family member. We were hired within days and were able to quickly investigate the accident. We learned that the pump had a manufacturing defect caused by defective welds which allowed the boom to break causing the collapse. We were able to secure the family a $3,750,000 settlement.
Property Owners
In certain situations, the property owner of the construction site may be held liable. The owner has a responsibility to post information about safety hazards they are aware of and can be considered hidden dangers. If the property owner takes on supervising the work and does not do so in a responsible manner, they can be found liable in personal injury or wrongful death case caused by a construction accident.
What are the Common Types of Negligence in Texas Construction Accidents?
Various types of negligence at construction sites can contribute to a catastrophic construction accident-causing personal injury or wrongful death. Our construction accident attorneys will pursue a legal strategy for recovering compensation damages based on the circumstances leading up to your accident and the relationship between you and the liable party.
Lack of Protective Equipment
General contractors and employers have a responsibility to provide appropriate safety gear, including fall protection systems (including lanyards, harnesses, and rope grabs), respirators, hard hats, and other protective equipment, to the workers. Failure to meet these safety standards can result in employer liability if a construction employee or bystander is injured as a result.
OSHA Safety Violations on the Construction site
Construction site owners, general contractors, employers, and fellow contractors are obligated to maintain a safe working environment. These safety standards can be found in OSHA Laws & Regulations 1926. If it can be proven that any of these companies or people failed to follow OSHA safety standards or turn a blind eye to safety violations by others, they may be held liable for damages in construction site accidents causing a personal injury or wrongful death.
Failure to Train Workers
OSHA requires employers to provide safety training to their employees. Failure to provide adequate training can be considered negligence. In some cases, compensation may be pursued from a third party if improper training was provided by a professional training company.
Improperly Maintained Equipment
Employers, general contractors, and third-party maintenance companies are responsible for maintaining equipment and conducting regular safety inspections of machinery, tools, and other equipment. Neglecting equipment maintenance can lead to liability if a construction accident occurs.
Equipment Malfunction
Equipment failures can also contribute to construction site accidents. In cases where the accident is caused by equipment defects, the manufacturer may be held accountable. If the equipment malfunction was due to a contractor or rental company failing to remove a defective piece of equipment from service or some other form of negligence, a suit after a personal injury or wrongful death construction accident can be pursued.
Third-Party Negligence at Construction Sites in Texas
Construction sites in Texas often involve multiple entities, including general contractors, subcontractors, and employees of various vendors. If your accident resulted from the negligence of one or more of these parties, you may be able to seek damages with help from our seasoned Texas construction site accident lawyers.
Construction projects in Texas typically involve multiple companies and contractors. It is rare for a single company to complete an entire project. Instead, a main company oversees the project and hires various third-party contractors specializing in different aspects of the work.
OSHA has a Multi-Employer Citation Policy that requires not just the employer, but other contractors to follow the OSHA safety standards. When third parties make mistakes or act in a negligent manner that leads to personal injury or wrongful death on the construction site, they can be held legally responsible. Often, these third parties may not adhere to the same safety standards as the main company, which can result in serious incidents. Examples of cases where third parties could be held liable in construction accidents include:
- Use of substandard materials in the construction of scaffolds and structures, leading to collapses
- Faulty blueprints or designs by architects or engineers, resulting in inadequate support or collapse
- Faulty demolition plans created by engineers or architects
- Failure to warn of dangerous conditions by subcontractors.
- Lack of clear marking or roping off hazards
- Exposed electrical wires
- Tripping hazards due to loose cords
- Falls caused by uneven, broken, or dangerous stairs
- Exposure to toxic fumes or asbestos
- Inadequate lighting leading to falls from heights
- Negligent work on electrical equipment by a third-party resulting in electrocution
- Negligent design or manufacture of safety devices or equipment
- Collapsed walls or ditches constructed by subcontractors
- Failure to warn of dangerous conditions by subcontractors or property owners
- Work-related motor vehicle accidents caused by third parties
- Dropping heavy objects, striking workers with cranes or heavy equipment
- Failure to provide appropriate personal protective equipment (PPE)
- Non-adherence to site safety rules by third-party contractors
Types of Evidence in Construction Accident Claims to Prove Liability
At Miller Weisbrod Olesky, our top team of Texas construction site accident attorneys will move immediately to collect various types of evidence that helps us establish liability of the negligent parties. Here are some key types of evidence commonly used in construction injury cases:
- Witness Statements: Statements from eyewitnesses who observed the accident on the construction site, or its circumstances can provide valuable insight into what happened and who may be responsible.
- Accident Reports: Official accident reports, such as those filed by law enforcement or relevant regulatory agencies, can document important details and establish an official record of the incident.
- Photographs and Videos: Visual evidence in the form of photographs or videos taken at the accident scene can help demonstrate the conditions, hazards, and factors that contributed to your construction site accident.
- Safety Records and Inspections: Documentation of safety protocols, equipment inspections, and compliance with industry regulations can demonstrate whether the responsible parties maintained a safe work environment.
- Maintenance and Repair Records: Records documenting the maintenance and repair history of construction equipment, machinery, or structures involved in the accident can reveal whether negligence or inadequate maintenance contributed to the incident.
- Expert Opinions: Expert witnesses, such as construction engineers, safety professionals, or architects, can provide their professional opinions based on their knowledge and expertise to help establish liability.
- Employment and Contractual Documents: Employment contracts, subcontractor agreements, or other relevant contractual documents can help determine the relationships and responsibilities of the parties involved in the construction project.
- Medical Records: Medical records detailing the injuries sustained by the victim can provide evidence of the extent and nature of the physical, mental, and emotional harm you suffered in the construction site accident.
- OSHA Reports and Violations: Reports from the Occupational Safety and Health Administration (OSHA), as well as any documented safety violations or citations related to the construction site, can support claims of negligence or noncompliance.
- Safety Training Records: Documentation of construction worker training, safety meetings, and safety procedures implemented by the responsible parties can demonstrate whether proper training and protocols were in place.
By gathering and presenting a combination of these types of evidence, our construction accident lawyers in Texas will build a strong case to prove the liability of all the negligent parties in your construction accident claim.
What is the Statute of Limitations for Construction Injury Claims in Texas?
In accordance with Texas Civil Practice and Remedies Code 16.003, the general time limit to file a construction accident lawsuit in Texas is two years. Failing to file your claim or lawsuit within this deadline may result in the loss of your opportunity to recover your rightful damages.
If you sustained an injury as an employee on a construction site, you may be eligible for workers' compensation benefits. The following deadlines typically apply when filing a workers' compensation claim in Texas:
- Reporting the accident to your employer must be done within 30 days.
- Once notified, your employer has eight days to report the incident to the responsible insurer, as outlined by the Texas Department of Insurance (TDI).
- You have one year to file your claim with the Division of Workers' Compensation.
What if My Employer Doesn't Have Workers' Compensation Insurance?
Texas does not mandate private employers to carry workers' compensation insurance, according to the TDI. If your employer lacks workers' compensation insurance, you have the option to seek damages through a personal injury claim or lawsuit. In such cases, you would need to establish negligence on the part of your employer, a subcontractor, or a coworker to pursue compensation.
Types of Compensation in Texas Construction Accident Cases
The specific compensation awarded will depend on the unique circumstances of your case, but you may be entitled to seek economic and non-economic damages if you were injured on a construction site in Texas due to another’s negligence. Notably, in the case of wrongful death, compensation is awarded to the surviving family members of the deceased worker and the estate.
Our experienced Texas construction accident lawyers at Miller Weisbrod Olesky have successfully recovered multi-million dollar damages for injured victims in Texas. Some available damages in Texas construction accident cases include:
- Medical expenses resulting from the accident
- Lost income due to the inability to work or loss of a loved one
- Loss of earning capacity
- Disability and related costs
- Pain and suffering endured as a result of the injury
- Mental anguish caused by the incident
- Loss of enjoyment of life
- Loss of consortium
- Scarring and disfigurement
- Costs for assistive devices
- Loss of companionship in wrongful death construction lawsuit
- Punitive damages for reckless or wanton conduct
If you have sustained injuries in a Texas construction site accident or someone you love lost their life in an accident on a construction site, it's vital to seek legal assistance as soon as possible. Contact Miller Weisbrod Olesky, and our skilled and resourceful Texas construction accident attorneys will fight for your rights and help you obtain the largest possible compensation you are entitled to for your injuries and losses.
The Leader In Construction Accident Litigation With A Record Of Multi-Million Dollar Settlements And Verdicts
With a 30-year history heading the Construction Accident Department of Miller Weisbrod Olesky, firm partner Clay Miller has a proven record of holding construction companies accountable and achieving multi-million dollar settlements and court verdicts for his clients. Clay has handled construction accident cases in all major cities in Texas and numerous smaller counties. In one recent trial, Clay won a construction accident verdict of $26,500,000 for his client who suffered a spinal cord injury after a construction accident fall.
Clay has been consistently listed in Super Lawyers as one of the Best Lawyers in Texas, published in Texas Monthly, for over 15 years.
Clay is a past president of the Dallas Trial Lawyers’ Association and served as Chair of the Advocates for the Texas Trial Lawyer Association where he continues to serve on the board of directions. Clay is also a member of the elite American Board of Trial Advocates (ABOTA) limited to a select group of trial lawyers who have tried to a jury verdict a significant number of cases and who are recognized for their professionalism.
Clay is regularly invited to speak to Trial Lawyer Groups around Dallas, Houston, San Antonio, Austin, and across the state of Texas on the topics of construction accidents, trial tactics in complex construction cases and techniques to investigate and gather evidence in construction accidents, picking a jury in construction accident cases, as well as how to prepare a winning legal and trial strategy in Construction Accident Cases throughout Texas.
Our construction accident legal team includes Josh Birmingham, who is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
We also have on our team Michael Orth, a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Michael’s success in scores of personal injury cases across federal and state courtrooms has earned him the coveted Board Certification in Personal Injury Trial Law by the Texas Board of Legal Specialization.
Led by a formidable legal team with an extraordinary record of court verdicts and settlements in construction accident cases, Miller Weisbrod Olesky is regularly recognized by the US News and World Report as one of the top injury law firms in the United States.
Miller Weisbrod Olesky Texas Construction Accident Lawyers
Clay Miller
Clay is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Clay has practiced solely in the field of catastrophic injury and wrongful death since graduating from law school. His practice has been limited to the representation of victims. Over the past twenty-four years, Clay has successfully settled or tried to verdict cases in the areas of vehicular negligence, medical malpractice, construction site accidents, workplace injury, premises liability, and commercial trucking and a nationwide business loss case (suits filed in a dozen different states) involving defective truck engines sold to trucking companies.
Clay's most recent victories include when general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly. He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.
Clay was raised in Lewisville, Texas and completed his undergraduate degree in Finance at
Texas A & M University. Following graduation from Southern Methodist University School of law, Clay worked for two Dallas firms representing victims. In 1998, Clay began his own practice before forming his current partnership. In addition to his law practice, Clay has lectured at seminars and published in the areas of construction accidents, jury selection techniques, medical negligence, trucking accidents and settlement tactics.
He is active in local and statewide trial lawyers' associations including serving as the Chair of the Advocates for the Texas Trial Lawyers' Association in 2002 and remains on the Board of Directors. Clay served as President of the Dallas Trial Lawyers Association from 2008-2009. He has also been a member of the American Board of Trial Advocates (ABOTA) since 2014.
Education
- Southern Methodist University School of Law - Dallas, Texas
- Texas A&M University - Finance - College Station, Texas
Areas of Practice
Associations & Memberships
- State Bar of Texas
- State Bar of New Mexico
- State Bar of Colorado
- American Board of Trial Advocates (ABOTA)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers’ Association
- American Association of Justice
Josh Birmingham
Josh Birmingham was born in Las Cruces, New Mexico and raised in the small oil town of Hobbs, New Mexico. He graduated from the University of Nebraska in 2004 where he was a part of the Big 12 champion baseball team and was a College World Series participant.
He obtained his law degree from the University of Tulsa: College of Law in 2007 where he earned numerous awards in Mock Trial and Negotiation competitions.
Josh began his career at another prominent law firm where he fought for the victims of other’s negligence.
After 9 years Josh left being a trial lawyer and became an executive for a healthcare consulting firm but his passion for helping others in the law quickly pulled him back. Josh has tried numerous cases in both state and federal court. Josh began his first day with Miller Weisbrod Olesky in trial with Clay Miller representing an injured construction worker, Fernando Canales. Josh second chaired the trial and handled all of the medical expert testimony in the case.
Click Here: for complete verdict information
Josh is a member of the State Bar of Texas, American Association of Justice, Texas Trial Lawyers Association, Dallas Trial Lawyers Association, and Dallas Association of Young Lawyers. He is currently on the Dallas Trial Lawyers Board of Directors and served as the president of the Mesquite Bar Association for four years. Josh was named Thomson Reuters | Texas Super Lawyers Rising Star in 2016 and 2017.
Josh accredits his passion toward helping others to his mother Pam Parkinson, a nurse and business woman, and his father Ray Birmingham a college baseball coach.
Education
- University of Nebraska
- University of Tulsa - School of Law
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member
- Dallas Trial Lawyers Association:
Member
Board of Directors - Dallas Association of Young Lawyers:
Member
- Mesquite Bar Association:
Member
Michael Orth
Michael is a board certified personal injury trial lawyer who has spent the last decade representing injured Texans and their families. Born and raised in Dallas, Michael attended Texas A&M University where he earned a Bachelor of Science in Political Science. Following graduation, Michael worked in sales for one of the largest trucking companies in the United States. While working in the trucking industry, Michael saw the dangers that can and do occur when companies put profits before safety, and safety is not provided its proper place at the table. It was at this point Michael decided to pursue a career in law to help those harmed by the negligence of others.
Michael attended the University of Houston Law Center, where he served as a Senior Articles Editor for the Houston Journal of International Law. Throughout law school, Michael clerked at one of the 5 law firms that represented the State of Texas against Big Tobacco, where he worked on cases ranging from catastrophic crane collapses, to sexual abuse cases to environmental class action lawsuits. Most importantly, Michael learned the law could be used to do a lot of good in peoples’ lives, and could help those who had been injured because of the carelessness of others.
After obtaining his law license, Michael moved to South Padre Island and practiced personal injury law in the Rio Grande Valley. While practicing in South Texas, Michael tried nearly 20 cases in federal and state courtrooms across South Texas, consistently obtaining verdicts significantly higher than the insurance companies’ offers. As a result of his success in the courtroom, Michael is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a designation earned by practicing personal injury law almost exclusively, showing substantial success and experience trying personal injury lawsuits, completing extensive Continuing Legal Education in personal injury trial law, and passing a rigorous written exam demonstrating superior competence in handling personal injury cases.
Michael is married to Katlyn and has 2 young daughters, Kathleen and Mary Louise. Michael volunteers for the Dallas Volunteer Attorney Program, providing pro bono legal services to others in the community.
Education
- Texas A & M University
- University of Houston Law Center
Areas of Practice
Associations & Memberships
- American Association of Justice:
Member
- Texas Trial Lawyers Association:
Member